BOYLE v. O'BANNON


500 Pa. 495 (1983)

458 A.2d 183

Joseph F. BOYLE, Appellant, v. Helen B. O'BANNON, Secretary Department of Public Welfare Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided March 31, 1983.


Attorney(s) appearing for the Case

Joseph F. Boyle, I.P.P., Nanticoke, for appellant.

Walter F. Froh, Sp. Deputy Atty. Gen., Harrisburg, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION

LARSEN, Justice.

In this appeal we are confronted with the question of whether a court has the power and authority to dismiss a complaint, sua sponte, before the complaint is served on the named defendant and without affording the plaintiff an opportunity to be heard.

On June 24, 1981, the appellant, Joseph F. Boyle, filed, pro se, an action in equity against Helen B. O'Bannon, Secretary, Department of Public Welfare, Commonwealth of Pennsylvania...

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